Benjamin Victoriano vs. Elizalde Rope Workers’ Union, and Elizalde Rope Factor, Inc.G.R. No. L-25246, Septemebr 12, 1974

Zaldivar, J.

FACTS:Benjamin Victoriano, a member of the religious sect known as “Iglesia ni Cristo”, had been employ of the

Elizalde Rope Factory, Inc. since 1958. He was a member of the Elizalde rope Workers’ Union (Union) which had with the company a CBA containing a closed shop provision which reads as “Memebers in the Union shall be required as a condition of employment for all permanent employees workers covered by this Agreement.”

Under Sec 4 (a) of RA 975, prior to its amendment by RA 3350, the employer was not precluded, “from making an agreement with a labor organization to require as a condition of employment membership therein, if such labor organization is the representative of the employees”. On June 18, 1961, however RA 3350 was enacted, introducing an amendment to par. 4 subsection (a) of sec 4 of RA 875 as follows: “xxx but such agreement shall not cover members of any religious sects which prohibition affiliation of their members in any such labor organization”.

Being a member of a religious sect that prohibits the affiliation of its members with any labor organization, Victoriano presented his resignation to the Union. The Union wrote a formal letter to the Company asking the latter to separate Victoriano from the service because he was resigning fom the Union as member. The Company in turn notified and his counsel that unless could achieve a satisfactory arrangement with the Union, the company would be constrained to dismiss him from service.

Victoriano filed an action for injunction to enjoin the company and the Union from dismissing him. The Union invoked the “union security clause” of the CBA and assailed the constitutionality of RA 3350 and contends it discriminatorily favors those religious sects which ban their members from joining labor unions.

ISSUE:Whether or not Benjamin Victoriano has the freedom to choice in joining the union.

HELD:YES. The Constitution and RA 875 recognize freedom of association. Sec 1 (6) of Art. III of Constitution

of 1935 as well as Sec 7 of Art. IV of the 1973 of the Constitution of 1973, provides that the right to form associations or societies for purpose not contrary to law shall not be abridged. Section 3 of RA 875 provides that employees shall have the right to self-organization and to form join of assist labor organizations of their own choosing for the purpose of aid or protection. It is therefore the employee who should decide for himself whether he should join or not an association; and should he choose to join, he himself makes up his mind as to which association he would join, and even after he has joined, he still retains the liberty and the power to leave and cancel his membership with the said organization at any time.

RA No. 3350 merely excludes ipso jure from the application and coverage of the closed shop agreement the employees belonging to any religious sects which prohibit affiliation of their members with any labor organization. What the exception provides is that members of said religious sects cannot be compelled or coerced to join labor unions when said unions have closed shop agreements with the employers; that in spite of any closed shop agreement, members of said religious sects cannot be refused employment or dismissed from their jobs on the sole ground that they are not members of the collective bargaining union. It does not prohibit the members of said religious sect from affiliating with labor unions. It still leaves to said members the liberty and the power to affiliate, or not to affiliate, with labor unions. If, not withstanding their religious beliefs, the members of said religious wets prefer to sign up with the labor union, they can do so. If in deference and fealty to their religious faith, they refuse to sign up, they can do so; the law does not coerce them to join; neither does the law prohibit from joining and neither may the employer or labor union compel to join.

The purpose to be achieved by RA 3350 is to insure freedom of belief and religion, and to promote the general welfare by preventing discrimination against those of religious sects which prohibit their members from joining labor unions, confirming thereby their natural and statutory and constitutional right to work, the fruits of which work are usually the only means whereby they can maintain their own life and life of their dependents. The

Act does not require as a qualification or condition for joining any lawful association membership in any particular religion or in any religious sect; neither does the Act require affiliation with a religious sect that prohibits its members from joining a labor union requires as a condition or qualification for withdrawing from a labor union.